May 24, 2018

Archives for July 29, 2010

Tenth Circuit: Opinions, 7/29/10

The Tenth Circuit on Thursday issued two published opinions and seven unpublished opinions.

Published

In United States v. Mullins, the Court affirmed the district court’s decision, finding no reversible error in the court’s convictions of Petitioners for scheming to defraud the U.S. Department of Housing and Urban Development. The charges were not time-barred, the interstate wires underlying the wire fraud charges were reasonably foreseeable, and the government’s investigatory methods did not violate the Sixth Amendment.

In BP America, Inc. v. Edmondson, the Court granted BP’s petition for leave to appeal. In a narrow exception within the Class Action Fairness Act of 2005 (CAFA), Pub. L. No. 109-2, 119 Stat. 4., “a court of appeals may accept an appeal from an order of a district court granting or denying a motion to remand a class action [including a mass action] to the State court from which it was removed.” The Court defined the scope of the exception for mass action suits, providing insight as to when a court should accept the permissive appeal.

Unpublished

Energy West Mining Company v. Hunsinger

Fay v. United States

Torres-Pacheco v. Holder, Jr.

United States v. Sprous

Montoya v. Hartley

Atkinson v. Astrue

Carter v. United States